Free Motion for Extension of Time to File Answer - District Court of Federal Claims - federal

Case 1:05-cv-01193-FMA

Document 7

Filed 01/06/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ARKO EXECUTIVE SERVICES, INC., ) ) Plaintiff, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ___________________________________ )

No. 05-1193C (Judge Allegra)

DEFENDANT'S MOTION FOR ENLARGEMENT Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests a 45-day enlargement of time within which to respond to plaintiff's complaint. The Government's response is currently due on January 9, 2006. The extension would bring the date for responding to the complaint to February 23, 2006. This is defendant's first request for an enlargement of time for this purpose. Counsel for plaintiff has indicated that plaintiff is opposed to this motion. The requested enlargement of time is necessary because the interested agency, the Department of State, has not had sufficient time to prepare a litigation report, as required by 28 U.S.C. § 520. According to the agency, most if not all of the relevant documents in this case are located in Cyprus. It will take additional

Case 1:05-cv-01193-FMA

Document 7

Filed 01/06/2006

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time for the appropriate officials in Cyprus to gather these documents, send them to the appropriate officials in the United States, and for the Department of State to prepare the litigation report. The 45-day enlargement is necessary to allow sufficient time for the agency to gather relevant documents, prepare the litigation report, and for defendant's counsel to review the litigation report and prepare the Government's response to the complaint. For these reasons, defendant respectfully requests that the Court grant defendant's motion for an enlargement of time of 45 days, to and including February 23, 2006, within which to respond to plaintiff's complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Donald E. Kinner DONALD E. KINNER Assistant Director

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Case 1:05-cv-01193-FMA

Document 7

Filed 01/06/2006

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/s/ Michael J. Dierberg MICHAEL J. DIERBERG Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Fl. 1100 L. St. NW Washington, DC 20530 Telephone: (202) 353-0536 Facsimile: (202) 305-7643 January 6, 2006 Attorneys for Defendant

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